AboveNet Communications, Inc. (Board decision, April 11, 2013)

Plain-English summary

AboveNet Communications, Inc. was the respondent in consolidated EPA proceedings under the Emergency Planning and Community Right-to-Know Act and the Clean Water Act. The Board incorporated the attached Consent Agreement into its Final Order by reference and ratified it. The Board ordered AboveNet to comply with all terms of the Consent Agreement effective immediately. The released Final Order does not reproduce the agreement or state its underlying terms.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b)-(c)
• Outcome: The attached Consent Agreement was ratified, and the respondent was ordered to comply with its terms immediately.
• Key point: The Board made the Consent Agreement effective through a Final Order.

Full text (EPA EAB public release)

                     BEFORE THE ENVIRONMENTAL APPEALS BOARD
          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                          WASHINGTON, D.C.

In re: )
)
AboveNet Communications, Inc. )
360 Hamilton Ave. ) Docket Nos. EPCRA-HQ-2012-8000 &
White Plains, N.Y. 10601 ) CWA-HQ-2012-8000
)
)
)

                                    FINAL ORDER

   Pursuant to 40 C.F.R. § 22.18(b)-(c) of EPA's Consolidated Rules of Practice, the

attached Consent Agreement resolving this matter is incorporated by reference into this Final
Order and is hereby ratified.

    The Respondent is ORDERED to comply with all terms of the Consent Agreement,

effective immediately.

      So ordered.¹


                                         [signature]
                                         Catherine R. McCabe
                                         Judge, Environmental Appeals Board


   ¹ The three-member panel ratifying this matter is composed of Environmental Appeals

Judges Fraser, McCabe, and Stein.

                                      CERTIFICATE OF SERVICE

    I certify that the foregoing “Consent Agreement” and “Final Order,” in the Matter of

AboveNet Communications, Inc., Docket Nos. EPCRA-HQ-2012-8000 & CWA-HQ-2012-8000,
were filed and copies of the same were mailed to the parties as indicated below:

Via Interoffice Mail:

Bernadette Rappold, Director
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW (Mail Code 2248A)
Washington, DC 20460-0001

Via U.S. Certified Mail:

Joseph J. Green
Kelley Drye & Warren LLP
Washington Harbour, Suite 400
3050 K Street, NW
Washington, DC 20007-5108

                                              [signature]
                                              Annette Duncan, Secretary
                                              U.S. Environmental Protection Agency
                                              Environmental Appeals Board

Dated: April 11, 2013